25-2223. Sureties; justification; requirements.

The surety in every undertaking, bond and recognizance, provided by this code, must be a resident of this state and must have property, liable to execution, situate in the county in this state in which such undertaking, bond or recognizance is to be given and filed, worth at least double the sum to be secured, beyond the amount of all liens and encumbrances thereon and his exemptions therein; but this provision shall not be held to apply to incorporated surety companies authorized by the laws of this state to transact business. Except in the case of incorporated surety companies, where there are two or more sureties in the same undertaking, bond or recognizance, they must, in the aggregate, have the qualifications prescribed in this section.

Source:R.S.1867, Code § 898, p. 549; Laws 1897, c. 96, § 1, p. 379; R.S.1913, § 8572; C.S.1922, § 9523; Laws 1923, c. 112, § 2, p. 270; C.S.1929, § 20-2224; R.S.1943, § 25-2223.